Supreme Court · 2019 INSC 286 · Decided 27 February 2019
Mahanagar Telephone Nigam LTD. v. Tata Communications LTD.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 286 · [2019] 4 S.C.R. 885
- Case number
- CIVIL APPEAL No. 1766/2019
- Decided
- 27 February 2019
- Bench
- R.F. NARIMAN, VINEET SARAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 74, 70
Headnote
Contract Act, 1872 - ss. 74 and 70 - Compensation for breach of contract where penalty stipulated for - Claim in quantum meruit u/s. 70 when parties governed by contract - Permissibility of - Purchase Order wherein respondent was to provide last mile connectivity at damages were to be limited to a maximum of 12% - Bills raised by the respondent for the services rendered amounting to Rs. 2,15,25,512/- - On account of limitation of 12%, the appellants could not have levied and deducted an amount more than Rs. 25,83,181/-, however, the appellant
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